Legal Opinion
Marine Midland Bank v. Highgate Hall of Orange County, Inc.
New York Supreme Court
Decided November 10, 1977PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Edward O. Provenzano, J.
In a mortgage foreclosure action, defendant Contractors Ornamental Steel Co., Inc. (hereinafter "Contractors”) has moved, pursuant to CPLR 3211 (subd [a], par 4), to dismiss plaintiff’s cause of action against said defendant on the *866grounds that there is another action pending between the said parties for the same cause of action.
It appears that plaintiff ("Marine”) commenced this action, as against defendant Contractors, by service of "process” (presumably an amended summons [which should instead have been a supplemental summons — see CPLR 305, subd…
2Cases cited11 opinions
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
- Louis R. Shapiro, Inc. v. Milspemes Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Cornell v. BonsallAppellate Division of the Supreme Court of the State of New York · 1917
- Van Tuyl v. New York Real Estate Security Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Cohen v. BiberAppellate Division of the Supreme Court of the State of New York · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- RL 900 Park, LLC v. EnderDistrict Court, S.D. New York · 2021